Teacher Attendance Procedure (Tnc 2008/2)
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COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS 160 HIGH STREET HOLYWOOD BT18 9HT
TELEPHONE: 028 9042 6972 FAX: 028 9042 4255
Website: www.onlineccms.com
CCMS Circular 2008 / 12 (AMENDED VERSION)
21 May 2008
TEACHER ATTENDANCE PROCEDURE (TNC 2008/2)
Target Audience: Related Documents:
● Chairs of Boards of Governors of Catholic Maintained Schools Superseded Documents: CCMS Circular 2007/07 ● Principals of Catholic Maintained Schools CCMS Circular 1999/05
Expiry Date:
Summary of Contents: Outlines policy for monitoring teacher absence reported as sickness absence.
Enquiries: Enquiries regarding this circular should be referred to: Diocesan Education Offices 1 Armagh 028 8775 2116 Clogher 028 6632 2709 Derry 028 7126 1931 Down and Connor 028 9032 7875 Dromore 028 3026 2423
2 CCMS Circular 2008 / 12
TEACHER ATTENDANCE PROCEDURE (TNC 2008/2)
Please find attached a revised teacher attendance procedure which has been agreed with the Teachers Negotiation Committee.
The aims of the procedure are to promote attendance and teacher welfare and ensure teachers are treated fairly, consistently and with sensitivity during times of illness.
The level of teacher absence within the Catholic Maintained Sector is higher than other sectors. This raises concerns in relation to the direct and indirect costs to pupils, teachers and school management and reinforces the need to ensure the effective management of attendance.
This procedure should be adopted by your Board of Governors as soon as possible and a governor nominated with responsibility for attendance issues. Attendance should also be placed as a recurring item on the agenda for Board of Governors meetings.
The monitoring of attendance is central to the effective, fair and consistent management of attendance.
Those schools who use C2k Sims.net Personnel 7 to record staff absence at work will be able to use the reporting facilities within Sims.net to produce this information.
Reports on attendance levels and patterns should be provided by principals on a regular basis to Board of Governors.
The procedure outlines the responsibilities of school management, teachers and employing authorities in relation to promoting attendance. These responsibilities include the requirement for teachers to report to the Principal as early as possible on the first day of return to work and the principal to arrange formal attendance meetings with teachers whose absence level or pattern presents a concern.
As part of the recent Primary Principals meetings workshops on attendance took place and a precis of the main issues raised during these workshops are attached for your information. One of the main themes arising from these workshops was the need to ensure that all stakeholders take ownership of staff attendance and welfare; are well informed in relation to their respective responsibilities and that effective pastoral care and support systems are in place.
The annual review of Attendance Figures for the Maintained Sector shows a reduction of 10.31 % from 10.57 days absent last year to 9.48 days absent average this year however, this is still some distance from the Public Accounts Committee’s target of 6 days.
3 CCMS Circular 2008 / 12
Advice and support in applying this procedure is available from your local Diocesan Education Office and Personnel Section in CCMS Headquarters.
La’Verne Montgomery Head of Human Resources and Corporate Services
Enc
4 TNC 2008/2
Teacher Attendance Procedure
INTRODUCTION
Governors/Employing Authorities recognize the importance of teachers’ health and welfare and their responsibility under the Health and Safety at Work (NI) Order 1976 to provide a safe workplace. They also recognize their responsibility to promote equality of opportunity and implement the provisions of the Disability Discrimination Act (1995).
The policy includes advice on the monitoring of teacher absence reported as sickness absence. It does not apply to other authorised absences e.g. holidays, jury service, ante-natal care or maternity leave etc.
AIMS
1. To promote a supportive approach to teacher health and welfare. 2. To maximise teacher attendance. 3. To inform teachers and Governors of the policy for managing teacher attendance. 4. To ensure confidentiality of information and facilitate a consistent approach to teacher attendance in schools. 5. To ensure that teachers are treated fairly, consistently and sensitively when ill. 6. To raise awareness of welfare support services.
HEALTH AND WELFARE
1. Governors recognise that teachers sometimes require support when ill or resolving personal issues which impact on their attendance.
2. Teachers experiencing difficulties must be able to contact welfare and counselling services for information and advice.
3. Other policies and procedures to assist and support teachers include special and compassionate leave, the Career Break Scheme and the Job Share Scheme. It is important to recognise that in some cases, particularly those dealing with work related stress and disability, the Principal may wish to meet with the teacher to discuss adjustments or measures necessary to resolve particular concerns. In such cases the teacher may be accompanied by a trade union representative or a teaching colleague.
Disability
Under the Disability Discrimination Act (DDA), it is unlawful for Governors/Employing Authority to discriminate against disabled people, in all aspects of employment. The Act covers: application forms; interview arrangements, terms of employment, promotion, dismissal or redundancy
1 TNC 2008/2
The DDA requires Governors/Employing Authority to consider the provision of ‘Reasonable Adjustments’ at school. The aim of these adjustments is to ensure that a teacher is not put at a substantial disadvantage by employment arrangements or any physical feature of the school. Governors are required to ensure that they have fully considered the issue of disability when dealing with any matters relating to a teacher’s health and well-being.
Work Related Stress
Work related stress is a major cause of occupational ill-health that may cause sickness absence, high turnover and poor performance in school. The Employing Authority should be approached for advice and guidance in cases where there is a possibility that occupational factors may be impacting on a teacher’s health.
MANAGING TEACHER ATTENDANCE
1. INTRODUCTION
This procedure promotes a consistent approach to teacher welfare across all schools and clarifies the roles of Governors, Principals, Employing Authorities and teachers. Governors, Principals and teachers shall be familiar with the procedures. Personal and medical information on teachers will be maintained confidentially. Individual circumstances differ and each case must be treated sensitively.
2. ROLES AND RESPONSIBILITIES
2.1 GOVERNORS Adopt and promote the Teacher Attendance Procedure. Ensure welfare and attendance issues are a regular agenda item for meetings. Monitor implementation through Principal reports to promote teacher well-being and manage teacher attendance. Nominate the Chair or a designated governor responsible for health, welfare and attendance. Ensure appropriate action is taken in medical referrals to Occupational Health where a concern exists in relation to a teacher’s health and/welfare. Ensure the Principal is effectively managing attendance of all teachers in the school and, where appropriate, incorporate it as a performance target.
2.2 PRINCIPAL
Within the context of the school’s pastoral care policy to: Monitor and manage the sickness absence of teachers in a fair, consistent and confidential manner and to report regularly to Governors on attendance issues. Ensure that teachers are informed of this procedure. Seek advice from Employing Authority where medical evidence indicates a notifiable illness, work related ill health or disability which may require welfare support. Maintain appropriate, supportive contact with teachers on sickness absence. Initiate requests where necessary, (to Employing Authority), for referrals to Occupational Health and liaise with teachers, as appropriate. Carry out, where appropriate, attendance meetings and keep records. Support, as far as practicable, a rehabilitation programme recommended by Occupational Health. Implement any reasonable adjustment required by a teacher’s disability.
2 TNC 2008/2 Reference made to action being taken by the Principal may be read as being taken by a teacher designated by the Principal.
2.3 EMPLOYING AUTHORITY
Provide available information and advice to Principals. Advise and support governors and Principals in managing teacher welfare and attendance. Facilitate the medical referral process. Advise Principals on rehabilitation; risk assessments and reasonable adjustments. Promote the implementation of the Policy. Ensure governors and Principals are trained on the procedure.
2.4 TEACHER
Report all sickness absence in accordance with the procedure. Maintain contact with the Principal during any period of absence. Comply with attendance arrangements at medical referrals. Follow professional advice aimed at ensuring a timely return to school. Maintain appropriate standards of conduct during sickness absence. Advise the Principal of any appropriate matter impacting on their health and wellbeing at home or school that may impact on their welfare. Inform the Principal where an absence is due to an accident outside school and a claim for damages from a third party is or will be involved.
3. PROCEDURE
3.1 MONITORING ATTENDANCE
Governors recognise that teachers become ill and will require support in such circumstances. To achieve this the Principal will: Monitor and record sickness absence and report on this to Governors’ meetings. Arrange attendance meetings where a teacher’s absence level or pattern presents a concern or where there has been no contact with a teacher during an absence period. Seek and act on advice as to the best means to support a teacher during a time of illness.
The Governors monitor the attendance of the Principal. The Principal monitors the attendance of staff.
Monitoring ensures that: Governors are alerted to health and well being issues and ensure they are addressed promptly; Principals make decisions about temporary arrangements such as acting up, substitute cover etc; Governors and Principals are aware of teacher attendance levels.
In carrying out this monitoring role the Principal should ensure the process, as a minimum, identifies the following: (a) Absences related to stress (b) Absences of more than 6 casual days in a 12 month rolling period (c) Continuous absences of 4 weeks or more.
3 TNC 2008/2
3.2 CONTACT DURING ABSENCE
The teacher shall maintain contact with the Principal during a period of sickness absence. This should usually be when a medical statement is submitted or, monthly, during long term absence. This enables the Principal to manage absence. In exceptional circumstances, where difficulties in communication arise, either party may contact the Employing Authority’s Welfare Officer for advice.
Where the teacher does not maintain contact, the Principal should ensure that appropriate contact is re-established. Such contact should be of a friendly, supportive nature and issues related to work should not normally be discussed.
3.3 RETURN TO WORK
It is the responsibility of the teacher to report to the Principal as early as possible on the first day of his/her return to work and provide a brief explanation of the reason for his/her absence. This is informal in nature and provides the opportunity for the Principal to welcome the teacher back and discuss any support, or further action, which may be required.
3.4 ATTENDANCE MEETINGS
If a teacher’s absence level or pattern presents a concern the Principal shall arrange a formal attendance meeting. Circumstances presenting a concern should normally include those absences identified at 3.1 (a), (b) and (c).
The teacher should be asked, in writing, to attend the meeting and advised that they may be accompanied by a recognised trade union representative or teaching colleague.
The purpose of the Attendance Meeting is to determine and discuss the reasons for the absence level or pattern. It is not a disciplinary meeting. The meeting provides the opportunity to discuss relevant issues including:
To establish the current health status of the teacher and whether there is an underlying cause for absence such as difficulty at work, a more serious health condition or a personal or domestic problem.
To consider the need for a reasonable adjustment in the case of disability.
To consider if a medical referral is required if this has not been established.
To consult and agree on actions arising from the report of a medical physician.
To advise of the availability of the Staff Care Scheme.
To confirm the accuracy of the teacher’s attendance and provide the teacher with a copy.
To encourage improved attendance; establish the improvement level required; the monitoring review period and the consequences of a continuing unsatisfactory level of attendance.
Following this meeting, a note of the meeting should be prepared and forwarded to the teacher for their agreement. This should be a brief and factual report of the meeting, noting any action proposed including, for example, the introduction of reasonable adjustments, risk assessments, continuing monitoring, medical referral, potential movement to disciplinary action if attendance does not improve. The Employing Authority may be contacted for advice on any proposed course of action. The Principal and Chair of Governors shall treat all information relating to staff absence with sensitivity and confidentiality.
4 TNC 2008/2
A follow-up meeting shall be arranged at this attendance meeting. This date may be brought forward should circumstances require it, e.g. receipt of medical information.
3.5 MANAGEMENT OF DIFFERENT TYPES OF ABSENCE
3.5.1 Short Term Absence
This is frequent and minor where the overall pattern shows a regular absence from school. The Principal has a valuable role to play in the management of short- term absence. He or she may be able to ascertain the facts of the situation. Where a Principal has a concern about the attendance level of a teacher, he/she should consider the action necessary, depending on the circumstances of each case. The Employing Authority may be contacted for advice and assistance and information on individual absence levels. These matters can normally be dealt with during the informal return to work discussions however, in situations where the frequency of absences gives cause for concern, the Principal may wish to conduct an Attendance Meeting. In cases of persistent short-term absence, where no underlying medical cause has been identified, consideration should be given to the use of the Disciplinary Procedure. Principals must consult the employing authority before invoking the Disciplinary Procedure.
3.5.2 Persistent Intermittent Absence
This is regular short and/or long-term absence which may or may not have an underlying medical condition. The management of this type of absence requires sensitive judgement and Principals and governors should be aware of the Disability Discrimination Act and the need to make reasonable adjustments. Attendance meetings should be conducted and medical information obtained where:
(i) It is medically established that a teacher is not suffering from any significantly debilitating illness, and (ii) Management intervention has failed to achieve improved attendance; (iii) the relevant procedure may be invoked.
3.5.3 Long Term Absence
When a teacher has been absent for 4 weeks continuously, there is no indication of an imminent return to teaching, and the Principal has a concern, the situation should be assessed in consultation with the Employing Authority. Each case will be dealt with sympathetically. While early referral to Occupational Health may be a factor in the effective management of long-term absence, consideration should be given to the timing of the referral, based on the nature of the illness. Where a referral is being made the Principal should contact the teacher and advise them of the referral process. The process outlined in 3.10 should be followed.
On receipt of the report from the Occupational Health Physician, the Employing Authority will notify the Principal and the teacher of the outcome of the medical assessment and provide the teacher with a copy of the report, if requested, subject to medical advice. The Principal, and where appropriate a representative of the Employing Authority, may meet with the teacher to discuss the report and agree on any action necessary. An attendance meeting may take place with the teacher to discuss the report and any further action required.
3.6 SUSPENSION OF SICK PAY
In circumstances where a teacher submits his/her Fitness to Return to Work certificate, but cannot resume teaching due to a referral to the Occupational Health Physician, sick pay shall be suspended effective from the date of the certificate. The teacher will from the effective date be paid in accordance with Teachers’ Pay Regulations. Where the Occupational Health report continues to indicate unfitness to work, payment will recommence in accordance with Teachers` Sick Pay Regulations. 5 TNC 2008/2
3.7 REPORTING ABSENCE
Where illness prevents a teacher from attending school, he/she must:
(a) Notify his/her Principal by phone on the first day of absence and indicate the nature of the illness and the possible duration. If the Principal is unavailable, the vice Principal or other designated member of staff should be informed. In exceptional circumstances when a teacher is unable to notify the Principal, a relative or friend may do so. In the case of a Principal, he/she should notify the Chair of Governors/vice Principal or designated teacher.
(b) Ensure that the Principal is kept informed of the progress of the illness, in order that alternative arrangements can be put in place
(c) Provide documentation promptly in support of any absence from work due to sickness as follows:
From day 1 to 7 calendar days: self certification form must be submitted to the Principal as soon as possible and not later than the 7th day of absence, to ensure payment of sick pay. More than 7 days: doctor’s statement must be submitted to the Principal before expiry of the 2nd week of absence. Subsequent doctor’s statements must be submitted to the Principal as soon as possible, following receipt, to ensure continuation of sick pay.
Teachers’ Salaries Regulations 1993, Regulation 19(8) (b) states: “A teacher who has been absent because of illness for a total of 20 working days in any year ending 31 March and who has not submitted a doctor’s statement in respect of any of those 20 days shall not be entitled to salary for any subsequent days of absence through illness in that year unless he furnishes a doctor’s statement.”
(d) Adequate notification must be given to the Principal in advance of the date of return to teaching, so that arrangements for cover can be discontinued. If the absence has been of 4 weeks or more duration, one week’s notice of intention to return to work must be given to the Principal (or in the case of a Principal, to the Chair of Governors).
Where the original doctor’s statement covers a period exceeding 14 days, or where more than one statement is required, the teacher must, prior to the actual return to work, obtain and submit a final medical statement certifying fitness to resume full duties.
Failure to comply with Reporting Absence Procedures may result in the absence being regarded as unauthorised, pay being withheld and/or disciplinary action being taken.
3.8 SICKNESS ABSENCE PRIOR TO AND DURING SCHOOL CLOSURE PERIODS
If a return to work occurs within the two week period prior to a holiday period (i.e. Summer, Christmas and Easter) and the teacher suffers a relapse of the previous illness prior to the commencement of the new term preventing a return to work, arrangements may be made for a referral to the Employing Authority’s Occupational Health Physician.
In cases where an absence continues into a holiday period and a recovery occurs within the same holiday period, a final medical statement certifying fitness to return to work must be submitted to the Principal at least one week before the start of the new term. If a return to work on the first day of the new term does not then take place, arrangements may be made for an Occupational Health referral.
6 TNC 2008/2
3.9 CONDUCT DURING ABSENCE
In all cases of sickness or injury, which necessitate time off school, teachers will do their utmost to facilitate a speedy return to fitness and to work. Some activities, such as the exemplars below, may be considered inconsistent with genuine sickness or injury and may result in disciplinary action being taken.
Participating in sport, hobby, social activity which is inconsistent with the illness or injury, could aggravate the illness or injury or delay recovery. Undertaking any employment, whether paid or unpaid, without prior approval, other than for therapeutic reasons approved by a doctor. Altering or causing to have altered details on a medical statement, e.g. dates or signature. Failure without cause to attend attendance meetings or medical referrals. Taking holidays during sickness absence - except where permitted by a doctor and with the Principal’s knowledge.
The type of behaviour expected of staff will depend upon the individual nature of the case and the nature and severity of the illness. Principals shall be alert to such issues and seek advice from the Employing Authority on any substantiated incidents, which come to their attention.
3.10 MEDICAL INFORMATION
Medical opinion may be sought in the following ways: The teacher may be asked to give his/her written consent for his/her Doctor to be approached for a medical report; and/or A referral may be made to the Employing Authority’s Occupational Health Physician or Specialist.
A teacher may be referred to an Occupational Health Physician in the following circumstances (This list is not exhaustive).
There is concern about a teacher’s health and wellbeing. Absence gives the Principal cause for concern. A teacher has been on prolonged sickness absence and wishes to return on a temporary /permanent alternative working pattern, for medical reasons. Where the Principal has been notified that the teacher is disabled or suffering from a disability. Absences lasting three months or more due to a psychiatric disorder (DE Circular 2005/13 refers).
3.10.1 Occupational Health Assessments
It is the responsibility of the Principal to initiate a request to the Employing Authority for a referral to an Occupational Health Physician. The Principal should discuss this with the member of staff and inform him/her of the request for medical referral. A teacher shall attend a medical assessment by an Occupational Health Physician, if directed by the Principal. Failure to attend without reasonable cause will result in the costs associated with the referral being the responsibility of the teacher and may result in the withholding of sick pay and/or disciplinary action.
On receipt of the report of the Occupational Health Physician the Employing Authority will notify the teacher and the Principal of the outcome of the medical assessment and provide the teacher with a copy of the report, if requested, subject to medical advice. The Principal will be advised of the teacher’s fitness for work, or otherwise, including, where appropriate, any recommended action.
7 TNC 2008/2 It is the responsibility of the Board of Governors to meet any costs incurred in obtaining medical opinions.
3.10.2 Access to Medical Reports
All information acquired by Boards of Governors and the Employing Authority on teacher health matters should be treated with sensitivity and access restricted to the relevant decision bodies.
There will be certain occasions whereby a teacher’s absence may be due to medical reasons, which are of a highly sensitive nature and on such occasions these details will be communicated to Boards of Governors at the discretion of the Employing Authority. The prognosis in terms of likely duration and its continued effect on attendance are the main concerns for the Board of Governors when making any decision regarding this type of absence.
Individual teachers have the right, if requested, to see any medical report relating to them which is supplied by any medical practitioner where that report has been requested for employment purposes. Such a report shall comply with part III of the Access to Personal Files and Medical Reports (Northern Ireland) Order 1991. Release of such reports will be subject to medical advice.*
3.11 REASONABLE ADJUSTMENT
Where the Occupational Health Physician has indicated that a teacher may meet the definition of disability, as defined by the Disability Discrimination Act 1995, it will be necessary to consider the possibility of reasonable adjustment. The advice of the Employing Authority should be sought on “reasonable adjustment”.
3.12 PHASED RETURN TO WORK
In circumstances where a recommendation is made by the Occupational Health Physician that a phased return to work would assist a teacher, this should, where possible, be facilitated by the Principal, in line with the needs of the school. The time span of the phased return to work should normally be based on occupational health advice and will be reviewed regularly. Such arrangements shall normally not last for more than four weeks. Normal salary will be paid during a phased return to school.
3.13 TERMINATION OF EMPLOYMENT ON THE GROUNDS OF ILL HEALTH
It may be necessary to consider the following final actions if, after a period of consultation and monitoring, attendance has not improved or is unlikely to improve:
3.13.1 Retirement on the Grounds of Ill Health: Retirement on the grounds of ill health and any subsequent pension entitlements will only be granted when it is the opinion of an occupational health physician appointed by DE, that the teacher is permanently incapable of carrying out his/her teaching duties due to a medical condition.
3.13.2 Termination on the Grounds of Ill Health/Capability If all the available medical evidence indicates that the teacher is not fit to return to work within a reasonable period, the Board of Governors, following consultation with the teacher, his/her representative and the Employing Authority, may determine that a teacher’s employment should be terminated on grounds of ill health. In such circumstances the appropriate procedure (Termination of Employment of Teachers on the Grounds of Ill Health or Capability TNC 2000/4) will apply.
* See Appendices 1 and 2 8 TNC 2008/2
3.13.3 Termination on the Grounds of Some Other Substantial Reason, e.g. failure to provide a regular and sustained service If in considering all available information, and following consultation with the teacher, his/her representative and the Employing Authority, it is determined by the Board of Governors that the teacher can no longer fulfil his/her contractual duties, the teacher’s contract may be terminated on the grounds of some other substantial reason i.e. failure to provide a regular and sustained service. In such circumstances the appropriate procedure will apply.
3.14 MEDICAL RECOMMENDATION TO RETURN TO WORK
Where, following a medical referral, the Employing Authority’s medical adviser indicates that a teacher is fit to return to work, the teacher will be advised and a date will be set for return. If the teacher disagrees with the determination of the Employing Authority’s medical adviser he/she will be offered the facility to appeal against the instruction to return. Such appeal must be lodged within 5 working days of the notification to return and must be accompanied by additional medical evidence which was not available at the time of the medical referral. Sick pay will be suspended from the expected date of return pending the outcome of the review. The Employing Authority will nominate an independent medical adviser, not involved previously in the case, to consider the appeal, and seek the member of staff’s agreement to the nomination. An objection to a nominated independent medical adviser must state the grounds of objection. No more than one objection will be allowed. The opinion of the independent medical adviser will be final and binding on both parties.
If the appeal is upheld sick pay will be restored and a decision will be taken on continued employment or continued monitoring. If the appeal is not upheld the teacher will be given one final opportunity to return to work. If the teacher fails to return to work he/she will be deemed to have terminated his/her contract of employment with immediate effect.
3.15 SICKNESS ABSENCE DURING THE APPLICATION OF OTHER PROCEDURES
Where a teacher, who is subject to investigation/s or other procedures, e.g. Disciplinary Procedure, etc, absents him/herself on health grounds, the Employing Authority reserves the right, at any stage, to require the teacher to submit to a medical examination by an Occupational Health Physician and to progress the investigation or other procedural action, as appropriate.
TEMPLATES (1) Invitation to Attendance Meetings - First Meeting - Follow-up Meeting (2) Format to record Attendance Meetings
9 TNC 2008/2
TEMPLATE
INVITATION TO ATTENDANCE MEETING
Dear______
I refer to your absence from work due to sickness and to your sickness absence record, a copy of which is attached.
It would be helpful if you could attend a meeting at ____(time) on ______date in ______(venue) to discuss your sickness absence record, the reasons for your absence and to consider any ways in which you could be supported in improving your attendance. Please note that you have a right to be accompanied to this meeting by a work colleague or a Trade Union Representative.
I would like to reassure you the Board of Governors is committed to the health and welfare of our staff and the main purpose of the meeting will be to support and improve your attendance levels. I would also like to draw your attention to the confidential welfare service and you may contact the Teacher Welfare Service for advice and assistance. (modify for specific service in your area).
I would be grateful if you could confirm by ______(date) that you will be attending this meeting. In the meantime please do not hesitate to contact me if you have any questions or concerns.
Yours sincerely
PRINCIPAL
Enc: Sickness Absence Record
Copy: Employing Authority
10 TNC 2008/2 TEMPLATE
INVITATION TO FOLLOW-UP ATTENDANCE MEETING
Dear______
I refer to our meeting of ______(date) in which we agreed it would be appropriate to review your attendance after ______months/weeks. We agreed that this meeting should be held at ____(time) on ______date in ______(venue).
Options: Unfortunately, it appears that the improvement we had sought has not been achieved and it may now be necessary to obtain medical information to ascertain whether there is an underlying medical cause for your continued absence. To this end, I have enclosed a Medical Report Consent Form so that you might consider granting access to relevant medical information. Alternatively, the Governors may consider a referral to an Occupational Health Physician.
Or: I am pleased that there has been a marked and sustained improvement to your attendance and the meeting will focus on how best your continued attendance may be supported.
Or: At this meeting you were advised that a medical referral would be arranged. We have now received the medical report and wish to meet to discuss the issues arising with you.
I would be grateful if you could confirm your attendance at this meeting by ______(date) and remind you have a right to be accompanied by a work colleague or a Trade Union Representative.
Again, I would draw your attention to the confidential Teacher Welfare Service.
In the meantime please do not hesitate to contact me if you have any questions or concerns.
Yours sincerely
PRINCIPAL
Enc: Medical Report Consent Form
Copy: Employing Authority
11 TNC 2008/2
RECORD OF ATTENDANCE & FOLLOW-UP MEETINGS
Teacher: No. of Days Absent: (Within last 12 months) Present:
Summary of medical conditions: (Indicate if the teacher is receiving treatment from GP / Consultant and record name and address)
Effects of absence and impact on the school: (Identify all difficulties that the school faces as a consequence of the continued absence)
Disability: (Specify any identified disability issues which may/may not require adjustment to working conditions)
Consequences of continued absence: (Specify any identified actions which might have to be considered if absence continues)
Details of Actions taken / proposed: (Record any identified actions which have been proposed or agreed by either party)
Review Agreements: (Record the agreements on improvements required and review dates)
Signature: Date:
NB: A copy of the absence record should be attached to this form.
12 TNC 2008/ 2 APPENDIX 1
Data protection
Governors and Employing Authorities must comply with the Data Protection Act 1998 (DPA) when they collect, use and store information, manually recorded or on a computer, about their teachers' absences. Details of a teacher’s health, either physical or mental, are categorised as 'sensitive personal data' under the DPA. Under the DPA, any organisation must be open about why they are collecting and keeping the information. Staff should know what information about their health is being collected and why. Collecting information about teacher’s health without them knowing is unlikely ever to be justified.
The Information Commissioner has published an ‘Employment Practices Code’ which gives more advice and information on data protection law. You can download this code from the Information Commissioner’s website at www.ico.gov.uk, or you can contact the Information Commissioner’s Office - Northern Ireland, Room 101, Regus House, 33 Clarendon Dock, Laganside, Belfast BT1 3BG (phone: 028 90511270).
APPENDIX 2
Disability discrimination: The DDA defines disability as “a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
Physical impairment: this includes, for instance, a weakening of part of the body (eyes, ears, limbs, internal organs etc.) caused through illness, by accident or from birth. Examples would be blindness, deafness, paralysis of a leg or heart disease.
Mental impairment: this includes mental ill health and what is commonly known as learning disability.
Substantial: put simply, this means the effect of the physical or mental impairment on ability to carry out normal day to day activities is more than minor or trivial. It does not have to be a severe effect.
Long-term adverse effect: the effect has to have lasted, or be likely to last, overall for at least twelve months and the effect must be a detrimental one. A teacher with a life expectancy of less than twelve months is, of course, covered if the effect is likely to last for the whole of that time.
A normal day to day activity: this is something which is carried out by most people on a fairly regular and frequent basis, such as washing, eating, catching a bus or turning on a television. It does not mean something so individual as playing a musical instrument to a professional standard or doing everything involved in a particular job.
The teacher must be affected in at least one of the respects listed in the DDA: Mobility; Manual dexterity; Physical coordination; Continence; Ability to lift, carry or otherwise move everyday objects; Speech, hearing or eyesight; Memory or ability to concentrate, learn or understand; or Perception of risk of physical danger.
13 TNC 2008/ 2 If the effects of the disability are reduced by medication or other treatment then the relevant effects are those that would be present if there was no medication or treatment taking place. There is an exception to this rule for teachers who wear spectacles or contact lenses, then the relevant effects are those that remain while the spectacles or contact lenses are being used.
Special provisions cover particular conditions which might otherwise not be considered as disabilities. These are provisions covering:
Recurring or fluctuating conditions such as arthritis, where the effects can sometimes be less than substantial, which are treated as continuing to have a substantial adverse effect so long as that effect is likely to recur;
Conditions which progressively deteriorate, such as motor neuron disease, which count as having a substantial adverse effect from the first time they have any effect on the ability to carry out normal day to day activities even if it is not substantial, so long as there is eventually likely to be a substantial adverse effect;
Severe disfigurements, which are treated as having substantial adverse effects on the ability to carry out normal day to day activities, even if they have no actual effect at all; and
Teachers with cancer, HIV infections or multiple sclerosis will be deemed to be disabled people without the need to show that conditions have an adverse effect on their normal day to day activities.
The following conditions specifically do not count as impairments:
Addiction to or dependency on alcohol, nicotine or any other substance (unless resulting from the substance being medically prescribed); Seasonal allergic rhinitis (e.g. hay fever) unless it aggravates the effect of another condition; Tendency to set fires, or steal, or physically or sexually abuse other persons; Exhibitionism and voyeurism; and Disfigurements consisting of tattoos, non-medical body piercing or attachments to such piercing are not treated as having substantial adverse effects.
Much of the DDA also applies to teachers who have had a disability in the past for example, someone who was disabled by mental ill health but who has now fully recovered. Teachers who were registered disabled under the Disabled Persons (Employment) Act (Northern Ireland) 1945 both on 12 January 1995 and 2 December 1996 will be regarded as having had a disability in the past, if they do not otherwise fall within the definition of the DDA.
Managing teachers who become disabled as a result of sickness may mean governors have to make 'reasonable adjustments', as explained in the Disability Discrimination Act 1995, before they can return to their job. The types of adjustments that governors might have to consider include:
Making physical adjustments to the workplace; Passing some of the disabled teacher’s duties to another person; Transferring the disabled teacher to another vacant post, with or without reasonable adjustments being made; Altering the disabled teacher's working hours through, for example, part-time working, job- sharing or other flexible arrangements; and Providing special equipment to help the disabled teacher carry out his or her tasks, and giving training in how to use the equipment.
14
ATTENDANCE WORKSHOPS FEEDBACK – PRIMARY PRINCIPALS MEETINGS
At the recent primary principal meetings a workshop took place with three key objectives: to identify and share existing good practice, to identify other strategies which might be employed in schools, and to identify what further support schools might find helpful when dealing with attendance management issues.
The feedback from these meetings was collated and a précis of the main issues recorded is listed below;
Attendance policy adopted by Board of Governors and attendance regularly discussed at Board of Governor meetings.
Attendance policy and procedures clearly communicated to all staff and included in staff handbook. Policy revisited each August.
Attendance figures provided to Board of Governors and staff provided with copy of report. Report to include level and cost of absenteeism.
Have a Governor designated with responsibility for attendance.
Undertake monitoring of attendance and maximise use of C2K module on attendance.
Good pastoral care and support systems in place.
Keep staff feeling valued.
Demonstration of awareness of pressures on teachers and develop strategies to cope e.g flexible use of non-class contact directed time provision of ‘respite’ for teachers for example from children with challenging behaviours use of ‘Time Out Request Sheet’ which teachers fill out and outline strategies they can put in place to cover their duties for the time they require out of class effective use of Baker-Time planning holidays with Board of Governors to provide regular breaks conduct more formal one to one planned meetings to become part of school business to affirm teachers and tease out any difficulties they may have. awareness raising for teachers on how to look after their health e.g courses, stress relieving days, staff welfare days etc.
Leading by example and setting culture of caring, supportive, professional school with everyone working for good of the children.
Open, shared approach to management enabling staff appreciation and empowerment.
Promoting the Catholic Ethos of the school.
Provide good working conditions as far as possible e.g team-teaching, teacher release etc.
Rewarding good attendance e.g awarding time off centrally funded.
Assignment of additional teacher to each school to ease stress and cover absence.
Allowing time for self evaluation for teachers and staff as a whole.
Teachers to be allocated ¾ days leave that can be taken as and when requested and not restricted by school opening time.
Reduction of teachers workload to provide 10% non contact time.
Introduction of paid sabbatical for teachers every seven years.
Consistent application of policy when holding return to work and review meetings.
Maintaining contact with staff when on long term sick.
Visit teacher after two weeks absence with flowers or fruit.
Phased return from long term absences, additional support of classroom assistant for short period on return, flexibility on start time for example returning from maternity leave teacher arrive at 9.00am instead of Baker time 8.45am for short period.
Responding to teachers health needs for example loss of voice – use of humidifier.
Changing patterns of work for example job share or part time work.
Planning re integration of teacher back into school after long term absence.
Facilitating early retirement.
Early intervention in absence cases and referral to medical advisors.
Employing authorities/CCMS to provide reports and monitoring information.
Additional support from employing authorities/CCMS in dealing with short term intermittent absence.
Employing authorities/CCMS to undertake research on cause of absenteeism.
Employing authorities/CCMS to hold conference on teacher welfare/attendance issues.
Employing authorities/CCMS to provide training on managing attendance.
Employing authorities/CCMS to support and recognise difficulties of teaching principals in particular in managing attendance.